Research On Several Issues Of Substantive Criminal Trial

The substantive criminal court trial is the core content of advancing the reform of the "trial-centered" criminal litigation system.It requires that the substantive role of the trial,especially the court trial,be ensured.The result was formed in the court.In order to realize the substantive criminal court trial,the national courts have carried out pilot work.The Supreme People ’s Court has issued “three regulations” and “Opinions on Deepening the Comprehensive Supporting Reform of the People ’s Court Judicial System—The Fifth Five-Year Reform Outline of the People ’s Court(2019-2023)"and other reform measures.Despite this,China has faced some problems that have not been effectively resolved due to the substantive criminal court trial.Therefore,this article combines the legislation and judicial practice overview of the substantive criminal court trial in China,studies the existing problems of the substantive criminal court trial,analyzes the causes of the problems,and puts forward relevant suggestions to improve the reform of the substantive criminal court trial in China perfect.This article is divided into four chapters in addition to the introduction.The first chapter introduces the relevant theoretical basis of the substantive criminal court trial.First of all,define the meaning of substantive criminal court trial.Substantive criminal court trial refers to the use of criminal court trial activities to give play to the inherent substantive nature of the court trial itself,ensuring that the links of fact finding,evidence confirmation,and judgment results all play a substantive function.To achieve a truly substantial court hearing.Then it analyzes the relationship between the substantive criminal trial and the "centered on trial".The two are different and closely related to each other.Then,it discusses the basic principles and value pursuit of the substantive criminal trial.The substantive criminal court trial should follow the principles of direct speech,the principle of equality of prosecution and defense,and the principle of evidence adjudication.The substantive criminal court trial has the value of guaranteeing the impartiality of the judgment result,ensuring the defendant’s full exercise of rights,and enhancing judicial authority.Finally,it summarizes the development process of the substantive criminal trial in China.The second chapter discusses the problems facing the substantive criminal trial in China.Discuss from the two aspects of pre-trial meeting and formal court trial.In the pre-trial meeting,face the physical review of the pre-trial meeting.The status of the pre-trial meeting to exclude illegal evidence is not obvious.In the formal court trial,the judge ignored the defense trial activities,the lawyer’s defense effect was not good,the witnesses’ attendance rate was low,the evidence was rarely authenticated in court,and the defendant did not fully exercise the final right of presentation.These problems faced the difficulty of the trial.The third chapter analyzes the reasons for the problems faced by the substantive criminal trial in China.Aiming at the problems faced by the substantive criminal trial in China in Chapter II,the causes of the problems are analyzed,such as the traditional concept of litigation has not been changed,judicial human resources are insufficient,the coordination of accusation and trial is light and restrictive,the defendant ’s right to litigation lacks a guarantee mechanism,and defense lawyers ’ability Insufficient,witnesses appearing in court and evidence certification system is not perfect.The fourth chapter puts forward suggestions for perfecting the criminalization of the criminal court trial in China.Aiming at the problems in Chapter 2 and the causes of problems in Chapter 3,this article puts forward the perfect countermeasures for the substantive criminal court trial in China.The transformation of the litigation concept should be accelerated,the relevant content of the pre-trial meeting should be improved,the matters and presiding officers of the pre-trial meeting should be limited,and the relief right and supervision mechanism should be set up to ensure the fair operation of the pre-trial meeting.Strengthen the neutral status of judges,improve the defense effect of lawyers,improve the system of witnesses appearing in court,and ensure that the defendants fully exercise the right of final statement to strengthen the formal court hearing.Set up necessary and necessary supporting measures,increase the input of judicial human resources,and improve the utilization efficiency of network resources,so as to promote the realization of substantive criminal trial.